DIWAKAR. Vs. STATE OF HIMACHAL PRADESH.

JUDGEMENT

(1.) This appeal has been heard by a Division Bench of this Court. Both the Judges constituting the Division Bench are divided in their opinion, hence dissenting judgments came to be delivered on 5.7.2019. As per the order of the same day passed by the Division Bench, the record of the appeal was placed before the Chief Justice of this Court in terms of the provisions Whether the reporters of the local papers may be allowed to see the Judgment? yes.

(2.) The present is a case where the I. O PW8 HC Bhupender Singh accompanied by PW9 HHC Tara Chand, C. Vinay Kumar and HHG Jeet Ram while on Naka at Sheer Paltoj towards Naggar-Jana road apprehended the appellant Galu near (hereinafter referred to as the accused) and on suspicion, when search of the black coloured back pack Ext. P-2 he was carrying on his back, the substance Ext. P4 allegedly charas weighting 1. 512 Kg. was recovered therefrom.

(3.) There is no need to detail all the facts and also the evidence available on record because the same have been discussed in detail in both the judgments. Since this Court has to give its opinion about the dissenting view of the matter taken by the Judges constituting the Division Bench, therefore, discussing the facts of the case and elaboration of the evidence recorded by learned trial Court would unnecessarily overburdened this judgment, of course, the facts of the case and also the evidence available on record would be referred to hereinafter in this judgment as and where it is required to do so.